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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To expect to be paid for my lunch hour

97 replies

TheoriginalLEM · 24/06/2017 20:09

My employer has recently sold out to a corporate. We have all been TUPEE'd over and are, so far, staying on our original contract with is far better than the contract from the new company.

I was due to train for a professional qualification in the field (this isn't without issue for personal reasons) and because this would result in a change of job role, I would be required to change to the new contract.

As I said, my current employment package is generous. We have an hours lunch break, paid. I am aware that this is not the case more often than not. I would lose about £40 a week if I lost my lunch breaks (I work four days).

If I change to the new contract, I have been told they are not able to reduce my wage ( I am currently paid very well for my position). Currently, upon qualification the new company actually pay newly qualified staff just under what I earn now so there is no financial incentive, but professionally I want to train.

BUT I can't afford to lose £40 a week.

Can they change my lunch break payment, if they are not allowed to reduce my wage? A colleague who was working v part time has just gone over to them and she no longer gets a paid lunch break, however she did not have a contract with the original employer so was starting from scratch.

This will be pivotal in my decision to train, so need to know where I stand - any thoughts?

OP posts:
TroysMammy · 24/06/2017 20:12

Why do you get paid an hour each day for not working? I don't know of any jobs this applies to.

isaulte · 24/06/2017 20:13

I work in education (not a teacher) and have never been paid for my lunch breaks.

I only get half an hour, though not that I ever take it

KindleBueno · 24/06/2017 20:13

Can you ask them to compromise and have an unpaid half hour break?

Original poster
TheoriginalLEM · 24/06/2017 20:14

Well it applies to the job I have now - I didn't demand it, it has always been thus. It could possibly be because we often don't get to take the full hour if things are manic, but I know why it has been this - just that it always has and it will be a significant loss to me if I lose it, but your advice is welcome, thank you

OP posts:
Libitina · 24/06/2017 20:15

In an NHS role where I get an hours unpaid break every day.

However, as I am on call for that hour I cannot leave the premises. I think we should get paid, but we are not.

LiveLongAndProspero · 24/06/2017 20:15

No-one here can answer this for you.

bridgetreilly · 24/06/2017 20:16

Why are you asking Mumsnet instead of your HR person?

Original poster
TheoriginalLEM · 24/06/2017 20:16

Kindle, I would be happy to do this, yes - however we work 10 hour days so I'm not sure if it is allowed?

There will be other benefits lost (no overtime, no services at cost) so I am weighing up the pros and cons of going for the qualification when there isn't a financial incentive at the end of it, rather a financial loss

OP posts:
bridgetreilly · 24/06/2017 20:17

I mean, if you genuinely want to know then, yes, YABU. People don't often get paid for lunch hours.

But what you need to know is whether you can continue to be paid for it and we can't help you with that.

Original poster
TheoriginalLEM · 24/06/2017 20:17

Because its Saturday night and I doubt they would take my call Grin

OP posts:
Ellieboolou27 · 24/06/2017 20:17

It's not required by law for any job to pay a lunch hour, although I think (but can't be 100%) for every 4 hours worked you are entitled to a 15-20 minute break.

flowery · 24/06/2017 20:18

If it's optional and you could choose to stay on your existing terms then based on what you've said, doesn't sound like there's anything unlawful here.

Original poster
TheoriginalLEM · 24/06/2017 20:19

My question was that would that be part of my original contract that would be protected (as my hourly rate is) or not.

So far HR have been uncontactable

But thanks again for the advice

OP posts:
Mum2jenny · 24/06/2017 20:20

Most people do not get paid for their lunch break, I don't in the NHS.
Just get over it and join the real world. You have been exceptionally lucky to have had this paid for you so far!

Mum2jenny · 24/06/2017 20:21

Ellie I think you are only entitled to an unpaid break if you work more than 6 hours.

Original poster
TheoriginalLEM · 24/06/2017 20:21

I doubt it is unlawful flowery, I think I was just clutching at straws that they might not remove the lunch break. I am paid a very low wage for my job so its a significant blow - one that might mean that training will be unaffordable for me.

OP posts:
FrogFairy · 24/06/2017 20:23

What is the point of further training only to be worse off financially?

Looking longer term, would it guarantee you promotion and hence better salary?

QueenArseClangers · 24/06/2017 20:24

Really Mum2? Hmm

Another fucking 'race to the bottom' comment.
I bet most of the negative replies on your thread are from posters who have blatantly missed the Tupee issue Lem.

HunterHearstHelmsley · 24/06/2017 20:24

If you change job role and move to their terms and conditions then I doubt they will honour that previous t and c. It would open up a can of worms for one. If you want to keep your current terms you will need to stay on your current contract.

Bedsheets4knickers · 24/06/2017 20:24

I see what your saying . £160/200 a month is no joke to lose in wages to many people .. I've never been paid my lunch hour but if I had then lost it I would feel resentment . Sadly I'm not sure you can do much about it other then don't train and don't sign the new contract ..

maddening · 24/06/2017 20:25

Are. You on a salary or hourly pay?

witsender · 24/06/2017 20:26

I've had a few jobs where I have been paid for a lunch break, I'm well and truly in 'the real world'. 😂 Just because someone else gets something you don't, doesn't make them unreasonable!

HundredMilesAnHour · 24/06/2017 20:26

Sounds like you're on a pretty good deal financially. How tight are your finances if losing £40/week makes it a struggle? From what you're saying, if you moved companies to do your professional training, it's quite possible that you'd be paid a fair bit less, not just £40 less? Or are you considering not doing the professional training at all now?

As an aside, I don't know anyone who gets their lunch break paid. Nor do I know anyone who gets paid overtime. Working through lunch and working long hours are just part of the job, especially if you want to further your career. I guess some of this depends on whether you see this as a job or a career (neither is right or wrong - you seem more focussed on a job but that conflicts with the professional training as that tends to imply career rather than job).

soapboxqueen · 24/06/2017 20:26

I think the paid lunch break here is a red herring. The crux is, is it worth it to train if your income will go down? I'd say if you are going for a new position, you'd have to accept the contract as is. Tuppee doesn't protect you forever more. Only while you are in that role. So you need to make a pros and cons list of what you'd gain over what you'd lose. Is there long term better prospects of you train? Can you deal with the pay reduction (and other perks) short term? If you can't have your pay reduced right now even if prospects long term would be better, you'll have to stick with what you've got now and not train.

RibenaMonsoon · 24/06/2017 20:28

It sucks that this has happened but legally a company doesn't have to pay you for your lunch break. If they decide to stop paying you for it I doubt there's much you can so about it. That's not changing your hourly wage. Just stopping payment of an hour a day you don't work.
Can you not ask if you can work through your lunch and have it paid as overtime?

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